HomeMy WebLinkAboutResolution No. 4298 RESOLUTION NO. 4298
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DOWNEY, DENYING ZONE VARIANCE NO. 213.
The City Council of the City of Downey does resolve as
follows:
SECTION 1. The City Council does hereby find and determine
that an application was duly filed by Adam Glueck, with
respect to the real property described as follows: 12103
Downey Avenue requesting a Variance to maintain 70 racing
homing pigeons on R -1 Zoned property; that a public hearing
was duly set for August 23, 1983 at 7:30 p.m., in the
Council Chamber of the Downey City Hall, 8425 East Second
Street, Downey, California, and a notice of the date, time,
place and purpose of aforesaid hearing was duly given; that
a hearing was duly held at the aforementioned time and place.
Studies and investigation made by the Council and in its
behalf reveal the following facts:
(1) Special conditions and circumstances do not exist which
are peculiar to the land involved which are not generally
applicable to other lands in the same vicinity and zone.
In addition, the applicant's lot is not a large parcel of
land and therefore can not provide sufficient separation
of the use from neighboring dwellings.
(2) Literal interpretation of the provisions of the ordinance
will not deprive the applicant of rights commonly enjoyed by
other properties in the City under the terms of the Zoning
Ordinance, since the applicant's request to maintain racing
homing pigeons is not an activity customarily found in resi-
dential zones.
(3) There are no special conditions or circumstances to
justify the maintenance of 70 racing homing pigeons on the
applicant's modest residential lot.
(4) Approval of the Variance will confer a special privilege
that is denied by the Zoning Ordinance to other lands.
Maintenance of the lot to achieve health and sanitary standards
has been inadequate according to abutting property owners and
has created a nuisance.
(5) Granting approval of the applicant's request will adversely
affect the Comprehensive General Plan, by encouraging the
keeping of animals on small residential lots where adequate
separation can not be provided between structures and the use.
SECTION 2. The City Council further finds and determines that
facts do not exist as required in Section 9164.18 of the
Downey Municipal Code justifying the granting of a Variance,
the City Council further specifically finds that the mainte-
nance of pigeons by the applicant in quantities exceeding the
number allowed by the Zoning Ordinance has resulted in
adverse impacts upon immediately adjacent properties in the
form of noxious odors, flies, and bird droppings.
SECTION 3. Based upon the aforementioned findings, the
Council hereby denies with respect to the property described
in Section 1, above, a Variance.
SECTION 4. The City Clerk shall certify to the adoption of
this Resolution and shall transmit a copy to the Applicant,
Building and Safety Division, City Engineering and Planning
Division.
APPROVED AND ADOPTED this 13th day of September
1983.
ATTEST:
AO if
4 ( I I I I I I I I I I I I I P A e
City Clerk �' Mayor
Resolution
No . 4298
Zone Variance #213
page 2.
I hereby certify that the foregoing is a true copy of a Resolution
adopted by the City Council of the City of Downey at a regular
meeting held on the 13th day of September , 1983,
by the following vote of the Council.
AYES: 5 Council Members: Jackman, Barb, Davila, Quinn, Cormack
NOES: 0 Council Members: None
ABSENT: 0 Council Members: None
ABSTAINED: Council Members:
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City Clerk